Terms of service

1. The agreement

These terms are an agreement between Curated Globe LLC, a Maryland limited liability company at 5000 Thayer Center STE C, Oakland, MD 21550, United States (“we”, “us”, “account42”), and the business that signs up to use account42 (“you”, “the merchant”). By creating an account or using the service you accept these terms.

2. The service

account42 is booking software for businesses that run paid, fixed-date classes and sessions. It provides a booking page, seat and waitlist management, entitlement handling for free sessions, drop-in payments, memberships and credit packs, recurring schedules, cancellation rules, and email and SMS notifications. It installs through a WordPress plugin, a Wix app, a Shopify app, or an embed.

3. Accounts and eligibility

You must be at least 18 years old and able to enter a binding contract. account42 is for business use. You are responsible for the accuracy of your account information, for keeping your credentials secure, and for everything done under your account by your staff.

4. Subscriptions, billing and trials

• The trial runs for 14 days and does not require a card. If you do not subscribe by the end of it, the account simply stops taking new bookings.
• Subscriptions are billed monthly or annually in advance, at the plan price shown at checkout.
• You can change plans at any time. Billing prorates when you move up or down.
• You can cancel at any time. Access continues to the end of the period you have paid for. We do not refund partial periods except where the law requires it.
• If we change prices, we will give you at least 30 days’ notice before the change applies to your subscription.
• Plan allowances, booking volume, included SMS and number of locations, are listed on the pricing page. If you exceed a booking allowance we will tell you and suggest the next plan. We do not block bookings mid-month for going over.

Studio and Multi plans include a monthly messaging balance as published on the pricing page. Text and WhatsApp messages are billed against that balance at the per-country rates shown in your dashboard before you enable them; email and native notification channels are not charged. Top-ups are made only at your request or under an auto top-up you have enabled, and we notify you before any charge. The customer app is an optional add-on billed monthly. A paused subscription retains your data and configuration for its duration; a cancelled subscription’s data is deleted 90 days after cancellation unless you export it first.

5. Payments between you and your customers

Payments from your customers flow through your own Stripe or PayPal account, under those providers’ terms, which you accept separately with them. Money settles directly to you.

account42 is not a payment processor, not a money transmitter, and not a party to the sale between you and your customer. We do not hold your funds. We charge no per-booking fee and no commission on your sales. Stripe and PayPal charge their own processing fees directly to you.

The contract for a class or session is between you and your customer. Disputes, chargebacks and refunds for those sales are yours to resolve.

6. Your responsibilities as a merchant

• Describe sessions accurately: date, time, location, price, capacity, and what is included.
• Honor the bookings you accept, and honor your own published cancellation and refund policy.
• Use the service lawfully, and only for a business you are authorized to operate.
• Obtain the consent you need from your customers before contacting them by email or SMS, and keep records of it.
• Comply with the messaging laws that apply to you, including the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act, and any equivalent rules in your country.
• Comply with applicable privacy and consumer protection law for your customers’ data.

7. SMS terms

• SMS is off by default. You enable it at your option.
• Customers opt in through your booking flow. Messages are transactional: confirmations, reminders and waitlist notifications.
• STOP and HELP replies are honored automatically across the platform. You may not attempt to override or work around an opt-out.
• Message volume above your plan allowance is billed as pay-as-you-go at the rate shown in your dashboard.
• We may suspend SMS on an account that generates unlawful messages or significant carrier complaints.

8. Assistant

The assistant acts only within your account and only through the same booking rules as the rest of the service. It asks for confirmation before changing anything that affects existing bookings. You are responsible for reviewing what it proposes before confirming, and for the accuracy of schedules, prices and policies it creates on your instruction. Assistant conversations are subject to the monthly allowance of your plan.

9. Acceptable use

You may not use account42 to:

• Break the law, or sell anything you are not permitted to sell.
• Send unsolicited marketing, or message people who have opted out.
• Upload malicious code, or attempt to breach, probe or overload the service.
• Attempt to access another merchant’s data.
• Resell or white-label the service without a written agreement with us.
• Misrepresent your identity or your business.

10. Partner program

Partner program. Approved partners earn commission on payments made by clients they refer, at rates set out in the schedule provided to approved partners. Commission on a payment becomes payable thirty (30) days after that payment is received, once its refund window has closed, and balances are paid monthly. Self-referrals, fraudulent or misleading promotion, and referral of accounts the partner controls are prohibited. We may change or end the program with thirty (30) days’ notice, honoring commission already earned.

11. Intellectual property

We own account42: the software, the plugins, the documentation, the name and the branding. You get a non-exclusive, non-transferable right to use it while your subscription is active. You own your own content: your session listings, your branding and your data. You grant us only the permission we need to host and display that content in order to run the service for you.

12. Your data

You own your merchant data and your customer records. We process them as described in our privacy policy, which forms part of these terms. For your customers’ personal information we act as your processor and follow your instructions. You can export your data at any time while your account is active.

13. Service availability and support

We aim to keep account42 available continuously, but we do not guarantee uninterrupted service. We may carry out maintenance, and we will give notice of planned work that causes downtime where we reasonably can. Support is provided by email at support@account42.com, with priority support on the Multi plan.

14. Disclaimers

The service is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the service will be error-free, or that it will meet every requirement of your business.

15. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our total aggregate liability arising out of or relating to these terms is limited to the fees you paid us in the 12 months before the event giving rise to the claim.

Nothing in these terms excludes liability that cannot lawfully be excluded.

16. Indemnity

You agree to indemnify and hold us harmless from claims, damages and reasonable costs arising from your use of the service, your sessions and sales to your customers, your messaging to your customers, or your breach of these terms.

17. Termination

You may cancel at any time; access continues to the end of your paid period. We may suspend or terminate an account that breaches these terms, that creates legal risk, or that does not pay. Where circumstances allow, we will give notice and an opportunity to fix the problem first. On termination you may export your data for 30 days, after which we may delete it in line with our retention practice.

18. Governing law

These terms are governed by the laws of the State of Maryland, without regard to its conflict of laws rules. The parties submit to the exclusive jurisdiction of the courts located in Maryland.

19. Changes to these terms

We may update these terms. If a change materially affects you, we will give at least 30 days’ notice by email or in the dashboard. Continuing to use the service after a change takes effect means you accept the updated terms.

20. Contact

Curated Globe LLC
5000 Thayer Center STE C, Oakland, MD 21550, United States
support@account42.com